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MALVERNE SCH. v. SOBOL

181 A.D.2d 371 (1992)

In the Matter of Malverne Union Free School District, Respondent-Appellant, v. Thomas Sobol, as Commissioner of Education, Respondent, and Janet Morgan, Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 23, 1992

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher (Randy M. Mastro, Robert D. Sack, Robin L. Baker and Jeffrey C. Levy of counsel), for appellant-respondent.

Rains & Pogrebin, P. C. (Terence M. O'Neil and Craig R. Benson of counsel), for respondent-appellant.

Kathy A. Ahearn and Lizette A. Cantres for respondent.

Jay Worona and Joseph B. Porter for New York State School Boards Association, amicus curiae.

James R. Sandner (Katherine A. Levine of counsel), for New York State United Teachers, amicus curiae.

MIKOLL, J. P., YESAWICH JR., MERCURE and CREW III, JJ., concur.

CASEY, J.

This proceeding arises out of petitioner's attempts to discipline one of its teachers, respondent Janet Morgan, for alleged insubordination and conduct unbecoming a teacher for her refusal to rescind an assignment which she had given to her students and for her refusal to turn over her lesson plan and grade books, as requested by petitioner's Superintendent. The assignment required the students to...

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